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(영문) 울산지방법원 2014.10.02 2013고단2639
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, around September 12, 2007, at the office of E Co., Ltd. operated by the defendant on the 10th floor of the building in Ulsan-gu, Ulsan-gu, 2007, and the victim F, "if our company sells an industrial complex of Dongwonwon, Dongwon, Eup, Busan-gun, Busan-gun, and pays 176,00,000 won to the defendant, the defendant will sell the area A15 district in the industrial complex," and the victim G, "if our company sells in lots the 150,000,000 won, the 15 district A15 district in the industrial complex will be sold in lots."

However, in fact, the defendant did not have the right to sell commercial buildings in the above Dongsan Industrial Complex, and even if the above Dongsan Industrial Complex development project did not proceed any longer, it did not have the ability or intent to sell commercial buildings in the above Dongsan Industrial Complex to the victims even if they receive the sale price from the victims.

As above, the Defendant, by deceiving the victims and deceiving them from the victims, obtained each transfer of KRW 176,00,000 from the victims F, and KRW 150,00,000 from the victims G, under the name of the Defendant for sale in lots on the same day.

Summary of Evidence

1. Entry of the accused in part of the statement (the second trial record);

1. The statements made by witnesses F, I, J and G (the second protocol of trial);

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Partial statement of each police suspect examination protocol against the accused;

1. Statement of each police statement related to F and G;

1. Each complaint and attached documents (referred to as the evidence list Nos. 1 through 5, 7 through 10);

1. Details of the newspaper engineer;

1. Application of Acts and subordinate statutes to each investigation report and documents attached thereto (Evidence Nos. 14, 25, 29 through 33, 82, 83, 85 through 88, 91);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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